HomeMy WebLinkAboutStaff Report 4.A 07/17/2017DATE: July 17, 2017
Agenda Item #4.A
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Eric W. Danly, City Attorney
SUBJECT: Adoption of Ordinance Approving: (Second Reading) Settlement Agreement and
Exchange of Easements between the City of Petaluma and 619 Townhomes LLC
to Clarify the Respective Ownership and Other Rights of the City and 619
Townhomes LLC Regarding Apartments and Related Improvements Located at
619 F Street in Petaluma Adjacent to And Overlying City Drainage Improvements
Referred to as the Thompson Creels Culvert
RECOMMENDATION
It is recommended that the City Council adopt an Ordinance Approving a Settlement Agreement
including the exchange of easements between the City of Petaluma and 619 Townhomes LLC to
clarify the respective ownership and other rights of the City and 619 Townhomes LLC regarding
apartments and related improvements located at 619 F Street in Petaluma adjacent to and
overlying City drainage improvements referred to as the Thompson Creels Culvert (Attachments
1'and 2).
BACKGROUND
On July 3, 2017, the City Staff presented to City Council an Ordinance for approval of a
settlement agreement and exchange of easements between the City and 619 Townhomes LLC to
clarify rights of the City and 619 Townhomes regarding apartment related improvements and
City ownership of property underlying part of the apartment property in which the Thompson
Creek culvert was constructed. The owners of 619 Townhomes LLC, a 48 unit apartment
development located at 619 F Street in Petaluma, have for some time (more than a year), been
working to refinance the apartment development. In the course of due diligence work on the
refinance, it was discovered that there are title issues regarding the 619 Townhomes property that
need to be resolved to clarify the title to the property for purposes of the refinance. The
settlement agreement was conceived to resolve title issues affecting both the 619 Townhomes
refinance and the City property such that the parties would exchange no cash or other
consideration regarding the easement exchange beyond the exchange of easements, releases, and
cooperation specified in the agreement, and that each party would bear its own legal and staff
costs in developing the agreement.
The Council introduced the ordinance by a unanimous vote.
DISCUSSION
Attached to this staff report as Attachment 1 and listed exhibits is an ordinance that has been
prepared to permit the City Council to approve the proposed arrangement whereby the City
would cooperate with the owners of 619 Townhomes LLC to clarify the title to the apartment
development located at 619 F Street, and at the same time clarify the title to the City's Thompson
Creels Culvert property vis a vis both the 619 Townhomes property and adjacent private property
to the west. An ordinance has been prepared for this transaction in accordance with the
requirements of Section 46 of the Petaluma Charter, which requires that Council action on
certain specified transactions, including specified real property transactions, be by ordinance.
The City Engineer has worked closely with the City Attorney's Office and Steve Lafranchi and
Associates to verify that the proposed solution regarding title of the 619 Townhomes property
and the Thompson Creels Culvert property is adequate for purposes of the City's long-term
ownership and maintenance of the Thompson Creels culvert. Although the City would not
typically permit new construction overlying existing City utilities, such as the Thompson Creek
culvert, staff believes that the proposed solution adequately addresses the City's interests
regarding the existing drainage facilities, while at the same time addressing title issues and the
refinancing objectives related to the 619 Townhomes property. Throughout the extended
discussions and analysis carried out in conjunction with the 619 Townhomes refinancing team,
City staff has appreciated the cooperative way the refinancing team has worked with staff to
reach a successful solution.
FINANCIAL IMPACT
The City's costs directly related to the proposed agreement, and the related agenda materials that
have been prepared, are limited to the cost of staff time used to prepare them. There will also be
some follow up staff costs to implement and record the various related documents, if the Council
approves them. Other City cost considerations include the protection the City obtains from a no -
cost easement authorizing encroachment of the Thompson Creek Culvert onto the 619
Townhomes property, as well as the additional diagrams and legal descriptions provided by
Lafianchi and Associates to the City at no cost to assist the City in resolving title issues related to
private property on the west side of Thompson Creels. The consideration provided by the City
and benefitting 619 Townhomes under the proposed agreement consists of the grant of the 619
Townhomes easement and the staff time used and the City's cooperation in clarifying the 619
Townhome property title as a prerequisite for refinancing.
ATTACHMENTS
Attachment 1: Draft Ordinance Approving Settlement Agreement and Exchange of
Easements between the City of Petaluma and 619 Townhomes LLC
Attachment 2: Settlement Agreement between the City of Petaluma and 619 Townhomes
LLC with:
• Exhibit A (legal description and diagram of the 619 Townhomes
property)
• Exhibit B (legal description and diagram of the City's Thompson Creek
Culvert property),
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• Exhibit C (legal description and diagram of the 619 Townhomes
Easement Area on the City's Thompson Creels Culvert property to be
burdened with an easement for 619 Townhomes LLC)
• Exhibit D (legal description and diagram of City Easement Area on the
619 Townhomes property to be burdened with an easement for the City)
• Exhibit E (grant of easement and legal description and diagram for the
619 Townhomes Easement Area)
• Exhibit F (grant of easement and legal description and diagram for the
City Easement Area)
• Exhibit G (diagram clarifying the boundaries of the Thompson Creek
Culvert property in relation to the private property to the west)
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Attachment 1
EFFECTIVE DATE ORDINANCE NO. N.C.S.
OF ORDINANCE
Introduced by Seconded by
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA APPROVING
SETTLEMENT AGREEMENT AND EXCHANGE OF EASEMENTS BETWEEN THE
CITY OF PETALUMA AND 619 TOWNHOMES LLC TO CLARIFY THE
RESPECTIVE OWNERSHIP AND OTHER RIGHTS OF THE CITY AND 619
TOWNHOMES LLC REGARDING APARTMENTS AND RELATED
IMPROVEMENTS LOCATED AT 619 F STREET IN PETALUMA ADJACENT TO
AND OVERLYING CITY DRAINAGE IMPROVEMENTS REFERRED TO AS THE
THOMPSON CREEK CULVERT
WHEREAS, 619 Town Homes LLC ("619 Townhomes") is record owner in fee of
property in the City of Petaluma located at 619 F Street, Petaluma, California, APN 008-203-
034-000, ("619 Property"), which is currently developed with 48 residential apartment units and
related improvements including parking and other improvements, which property is defined and
depicted in Exhibit A to the Settlement Agreement ("Agreement") which is attached hereto and
made a part of this ordinance by this reference; and
WHEREAS, City currently owns in fee, a parcel of real property adjacent to the 619
Property, ("City Property"), which City Property is defined and depicted in Exhibit B to the
Agreement, under which City Property the City has constructed, owns, and maintains storm
water improvements referred to as the Thompson Creek Culvert ("Culvert"); and
WHEREAS, portions of the Culvert and the City Property underlie improvements
utilized for the benefit of the 619 Property for parking of motor vehicles and ingress and egress
of pedestrian and vehicular traffic; which area is referred to herein and in the Agreement as the
619 Easement Area ("619 Easement Area") and which is defined and depicted in Exhibit C to
the Agreement; and
WHEREAS, 619 Townhomes and the City ("the Parties") intend by the City's
conveyance of an easement to the 619 Easement Area on the City Property to 619 Townhomes,
subject to the City's continued ownership and operation of the City Property and the Culvert, to
clarify the Parties' respective rights and obligations concerning the 619 Property, the City
Property, the 619 Easement Area, the City Easement Area, and the Culvert; and,
WHEREAS, portions of the Culvert lie outside of the City Property and underlie the 619
Property and improvements utilized for the benefit of the 619 Property for parking of motor
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vehicles and ingress and egress of pedestrian and vehicular traffic, which area is referred to
herein and in the Agreement as the City Easement Area ("City Easement Area") and which is
defined and depicted Exhibit D to the Agreement; and
WHEREAS, the Parties intend by the 619 Property Owner's conveyance of an easement
on the 619 Property to the City to the City Easement Area to clarify the Parties' respective rights
and obligations concerning the 619 Property, the City Property, the 619 Easement Area, the City
Easement Area, and the Culvert; and
WHEREAS, the Parties have cooperated in determining their respective rights and
obligations regarding the 619 Property, the City Property, the 619 Easement Area, the City
Easement Area, the Culvert and related improvements, and have cooperated in clarifying the
City's record title to the City Property in relation to the 619 Property, the 619 Easement Area,
the City Easement Area, and the Culvert; and
WHEREAS, as part of the cooperation between the Parties, the 619 Property Owner has
made available consultants of the 619 Property Owner to assist in determining the boundaries of
the City Property, including the boundaries adjacent to the 619 Property and boundaries on the
opposite side of and not adjacent to the 619 Property, to enable the City to clarify its rights to the
City Property in relation to the Culvert, the 619 Property, and property and improvements of
neighboring private property owners (who are not parties to the Agreement); and
WHEREAS, as set forth in the Agreement, the Parties desire to resolve, fully and
forever, any and all actual and potential grievances, disputes, controversies, claims, actions and
lawsuits they might have against each other regarding the boundaries of the 619 Property, the
City Property, the 619 Easement Area, the City Easement Area, and the Culvert; and, in order to
avoid the uncertainties of litigation and the expense and costs, time, effort, disruption and
uncertainty incident thereto; and
WHEREAS, Section 46 of the Charter of the City of Petaluma requires that specified
actions for the acquisition, sale, or lease of real property be taken by Ordinance; and,
WHEREAS, the City Council finds this action qualifies for exemption under the
California Environmental Quality Act (CEQA) pursuant to Title 14, Chapter 3 of the California
Code of Regulations (CEQA Guidelines), sections 15061, 15301 involving operation, repair, and
maintenance of existing public structures or facilities involving negligible or no expansion of
use, including publicly owned utilities used to provide sewerage or other public utility services;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
PETALUMA AS FOLLOWS:
Section 1: The City Council approves the Agreement attached to and made a part of
this ordinance by reference, together with all of its exhibits.
Section 2: On behalf of the City, the City Manager is authorized and directed to
execute documents substantially in accordance with the Agreement, together with all of its
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exhibits, as determined by the City Attorney, and all other documents reasonably necessary to
accomplish the purposes of the Agreement as specified in this ordinance and the Agreement.
Section 3: If any section, subsection, sentence, clause, phrase or work of this
ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court
of competent jurisdiction or preempted by State legislation, such decision or legislation shall not
affect the validity of the remaining portions of this ordinance. The City Council of the City of
Petaluma hereby declares that it would have passed and adopted this ordinance and each and all
provisions thereof irrespective of the fact that any one or more of said provisions be declared
unconstitutional, unlawful other otherwise invalid.
Section 4: This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
Section 5: The City Clerk is hereby directed to publish or post this ordinance or a
synopsis for the period and in the manner provided by the City Charter and any other applicable
law.
INTRODUCED and ordered posted this 3rd day of July, 2017.
ADOPTED this _ day of July, 2017 by the following vote:
Ayes:
Noes:
Abstain:
Absent:
ATTEST:
David Glass, Mayor
APPROVED AS TO FORM:
Claire Cooper, CMC, City Clerk Eric W. Danly, City Attorney
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Affachmeill 2
SETTLEMENT AGREEMENT AND GENERAL RELEASE
THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE (hereafter,
"Agreement") is made by and applies to all claims between the
City of Petaluma, a California charter city ("City") and 619
Townhomes, LLC a Delaware Limited Liability Company, number
201312710117 ("619 Property Owner") regarding the boundaries of
the 619 Property Owner's property and adjacent. -City property as
further described in this Agreement. For purposes of this
Agreement, "City" includes without limitation, the City Council,
City Council members, the City Manager, other City officials,
directors, departments, commissions, and their predecessors,
successors, subsidiaries, related entities, past and present
employees, independent contractors, managers, attorneys, agents
and assigns. For purposes of this Agreement, "619 Property
Owner" includes, without limitation, 619 Townhomes LLC, A
Delaware Limited Liability Company and its successors and
assigns. City and 619 Property Owner are refer=rl to in this
Agreement as "the Parties."
RECITALS
WHEREAS, 619 Property Owner is record owner in fee of
property in the City of Petaluma located at 619 F Street,
Petaluma, California, APN 008--203-034-000, ("619 Property"),
which is currently developed with 48 residential apartment units
and related improvements including parking and other
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SETTLEMENT AGREEMENT AND GENERAL RELEASE
improvements, which Property is defined and herein depicted in
Exhibit A, which is attached hereto and made a part of this
Agreement; and
WHEREAS, City currently owns in fee, a parcel of real
property adjacent to the 619 Property, ("City Property"), which
City Property is defined and herein depicted in Exhibit B, which
is attached hereto and made a part of this Agreement, under
which City Property the City has constructed,,owns, and
maintains storm water improvements referred to as the Thompson
Creek Culvert ("Culvert"); and
WHEREAS, portions of the Culvert and the City Property
underlie improvements utilized for the benefit of the 619
Property for parking of motor vehicles and ingress and egress of
pedestrian and vehicular traffic; which area is herein referred
to as the 619 Easement Area ("619 Easement Area") and which is
defined and herein depicted in Exhibit C, which is attached
hereto and made a part of this Agreement; and. d
WHEREAS, the Parties intend by the City's conveyance of an
easement to the 619 Easement Area on the City Property to the
619 Property Owner, subject to the City's continued ownership
and operation of the City Property and the Culvert, to clarify
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SETTLEMENT AGREEMENT AND GENERAL RELEASE
the Parties' respective rights and obligation`s concerning the
619 Property, the City Property, the 619 Easement Area, the City
Easement Area, and the Culvert; and,
WHEREAS, portions of the Culvert lie outside of the City
Property and underlie the 619 Property and improvements utilized
for the benefit of the 619 Property for parking of motor
vehicles and ingress and egress of pedestrian and vehicular
traffic, which area is herein referred to as the City Easement
Area (`City Easement Area") and which is defined and herein
depicted in Exhibit D, which is attached hereto and made a part
of this Agreement; and
WHEREAS, the Parties intend by the 619 Property Owner's
conveyance of an easement on the 619 Property to the City to the
City Easement Area (Exhibit D)to clarify the Parties' respective
rights and obligations concerning the 619 Property, the City
Property, the 619 Easement Area, the City Easement Area, and the
Culvert; and
WHEREAS, the Parties have cooperated in determining their
respective rights and obligations regarding the 619 Property,
the City Property, the 619 Easement Area, the City Easement
Area, the Culvert and related improvements, and have cooperated
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SETTLEMENT AGREEMENT AND GENERAL RELEASE
in clarifying the City's record title to the City Property in
relation to the 619 Property, the 619 Easement Area, the City
Easement Area, and the Culvert; and
WHEREAS, as part of the cooperation between the Parties,
the 619 Property Owner has made available consultants of the 619
Property Owner to assist in determining the boundaries of the
City Property, including the boundaries adjacent to the 619
Property and boundaries on the opposite side of and not adjacent
to the 619 Property, to enable the City to clarify its rights to
the City Property in relation to the Culvert, the 619 Property,
and property and improvements of neighboring private property
owners (who are not parties to this -Agreement); and
WHEREAS, as set forth herein, the Parties desire to
resolve, fully and forever, any and all actual and potential
grievances, disputes, controversies, claims, actions and
lawsuits they might have against each other regarding the
boundaries of the 619 Property, the City Property, the 619
Easement Area, the City Easement Area, and the Culvert; and, in
order to avoid the uncertainties of litigation and the expense
and costs, time, effort, disruption and uncertainty incident
thereto;
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SETTLEMENT AGREEMENT AND GENERAL RELEASE
NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, THE
SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES AGREE
AS FOLLOWS:
TERMS
1. In consideration of City's dismissal of all actions and
disputes in accordance with provision 11 of this Agreement, and
the releases in provisions 12 and 13 of this Agreement, 619
Property Owner has provided City for City's review and approval
legal descriptions and diagrams describing the boundaries of
the City Property in relation to the Culvert to assist with
clarifying the 619 Property Owner's and the City's respective
ownership interest in and/or affecting the. City Property, the
619 Easement Area, the City Easement Area, and the Culvert;
and to facilitate the contemplated cooperation of the Parties
pursuant to this Agreement.
2. More particularly, in consideration of the City's dismissal
of all actions and disputes in accordance with provision 11 of
this Agreement, and the releases in provisions 12 and 13 of
this Agreement, 619 Property Owner has provided to City for the
City's review and approval, legal descriptions and diagrams
describing an easement or easements to be granted by the City
to the 619 Easement Area (Exhibit C) on the City Property to
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SETTLEMENT AGREEMENT AND GENERAL RELEASE
the 619 Property Owner. A grant of the easement or easements
containing legal descriptions and diagrams describing the 619
Easement Area is attached hereto and made a part of this
Agreement as Exhibit E.
3. In further consideration of the City's dismissal of all w
actions and disputes in accordance with provision 11 of this
Agreement, and the releases in provisions 12 and 13 of this
Agreement, 619 Property Owner has provided to City for City's
review and approval legal descriptions and diagrams describing
the City Easement Area (Exhibit D). A grant of the easement or
easements containing legal descriptions and diagrams describing
the City Easement Area is attached hereto and made a part of
this Agreement as Exhibit F.
4. In further consideration of City's dismissa-l- of all actions
and disputes in accordance with provision 11 of this Agreement,
and the releases in provisions 12 and 13 of this Agreement, 619
Property Owner agrees to provide City the existing legal
descriptions for four (4) neighboring private parcels adjacent
to the City Property (on the opposite side of and not adjacent
to the 619 Property), as shown on the Grant Deeds referenced in
Sections a -d below, by July 10,2017;
a. the Vitali property (Grant Deed 2004-1263765)
("Vitali"),
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SETTLEMENT AGREEMENT AND GENERAL RELEASE
b. the Bresciani Trust property (Grant Deed 2004-118338)
("Bresciani Trust"),
c. the Tufts Trust property (Grant Deed 2006-040598) ("Tufts
Trust"),
d. the Silacci and Pittler property (Grant Deed 2015-111221)
("Silacci).
5. In further consideration of City's dismissal of all actions
and disputes in accordance with provision 11 of`t.his Agreement,
and the releases in provisions 12 and 13 of this Agreement, to
enable the City to clarify its rights in and affecting the City
Property and the Culvert, 619 Property Owner agrees to provide
City a diagram to assist in clarifying the boundaries of the
City Property and the Culvert in relation to the property and
improvements of Vitali, Bresciani Trust, Tufts Trust, and
Silacci. This Diagram is attached hereto and made part of this
Agreement as Exhibit G.
6. In further consideration of City's dismissal of all actions
and disputes in accordance with provision �1,of phis Agreement,
and the releases in provisions 12 and 13, 619 Property Owner
agrees to provide the City with legal descriptions and diagrams
describing easements to be granted;
a. by the City to Vitali,
b. by the City to Tufts Trust,
c. and by the City to Silacci.
These will be provided to City by 619 Property Owner by July
10, 2017.
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SETTLEMENT AGREEMENT AND GENERAL RELEASE
7. In further consideration of City's dismissal of all actions
and disputes in accordance with provision 11 of this Agreement,
and the releases in provisions 12 and 13, 619 Property Owner
agrees to provide a legal description and diagram describing an
easement to be granted by Bresciani Trust to the City. This
will be provided to City by 619 Property Owner by July 10,
2017,
8. Any and all dealings with Vitali, Bresciani Trust, Tufts
Trust, and Silacci, are solely the City's responsibility. The
documents being provided under Sections 4-7 of this Agreement
will possibly require revision based on City's future dealings
with Vitali, Bresciani Trust, Tufts Trust, and Silacci.
Revisions of any documents provided under Sections 4-7 herein,
will be the sole responsibility of City. The 619 Property
Owner's obligation regarding Vitali, Bresciani Trust, Tufts
Trust, and Silacci is limited solely to prpviding the documents
described in Sections 4-7 of this Agreement, which are either
attached hereto and made part of this Agreement, or will be
provided to City by July 10, 2017.
9. In consideration of 619 Property Owner's dismissal of all
actions and disputes in accordance with provision 11 of this
SETTLEMENT AGREEMENT AND GENERAL RELEASE
Agreement, and the releases in provisions 12 and 13 of this
Agreement, City agrees, subject to City Council approval, to
adopt an ordinance approving this Agreement, and a grant to the
619 Property Owner of the easement or easements attached hereto
and made part of this Agreement as Exhibit E.
10. 619 Property Owner understands and agrees that in
accordance with the City's Charter, approval of this Agreement
granting the easement or easements to the 619 Property Owner
specified in Exhibit E to this Agreement requires that the City
adopt an ordinance. Such an adoption requires ordinance first
and second readings at noticed meetings of the City Council,
and such ordinance, this Agreement, and the easement(s)
conveyed in accordance with this Agreement, will not become
effective until a 30 -day referendum period has run following
the second reading of the ordinance. The Parties agree that if
City Council fails to approve the ordinance or in the event a
referendum is successfully brought concerning the ordinance,
this Agreement will not take effect.
11. By execution of this Agreement, City and 619 Property owner
dismiss and fully and forever resolve any and all actual and
potential grievances, disputes, controversies, claims, actions
and lawsuits ("liability") they each may have against the other
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SETTLEMENT AGREEMENT AND GENERAL RELEASE
concerning the boundaries of the 619 Property, the City
Property, the 619 Easement Area, the City Easement Area, and
the Culvert. However, the Parties reserve the right to enforce
this Agreement at law and equity in the Superior Court of
Sonoma County and the prevailing party shall be entitled to an
award of reasonable attorney's fees.
12. In consideration of the foregoing, the City and the 619
Property Owner, for themselves and their heirs, executors,
assigns and successors, fully and forever relee,"discharge
and covenant not to sue or otherwise institute in any way,
actively participate in or voluntarily assist in the
participation of any legal or administrative proceedings
against each other with respect to any matter arising out of,
connected with or related in any way to the boundaries of the
619 Property, the City Property, the 619 Easement Area, the
City Easement Area, and the Culvert.
13. The Parties understand and expressly agree that this
Agreement extends to all claims of every natuxe--and kind, known
or unknown, suspected or unsuspected, past, present or future,
arising from or attributable to the boundaries of the 619
Property, the City Property, the 619 Easement Area, the City
Easement Area, and the Culvert. The Parties acknowledge that
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SETTLEMENT AGREEMENT AND GENERAL RELEASE
any and all rights granted to them under Section 1542 of the
California Civil Code or any analogous state or federal law or
regulation are hereby expressly waived. The Parties recognize
and acknowledges that factors which have induced each of them
to enter into this Agreement might turn out to be incorrect or
different from what they had previously anticipated, and the
Parties expressly assumes all of the risks of this waiver of
California Civil Code Section 1542. Said Section 1542 of the
California Civil Code, reads as follows:
A general release does not extend to claims which the
creditor does not know or suspect to exist in his or
her favor at the time of executing the release, which
if known by him or her must have* materially affected
his settlement with the debtor.
14. In further consideration of the foregoing, the Parties
agree, acknowledge and recognize that nothing contained in this
Agreement shall constitute or be treated as an admission of
liability or wrongdoing by the City or by 619 Property Owner,
which liability or wrongdoing is expressly denied.
15. The Parties understand and agree that this Agreement shall
be subject to disclosure on request in accordance with
California Government Code section 6250 et.seq.
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SETTLEMENT AGREEMENT AND GENERAL RELEASE
16. Both Parties shall bear their own attorney's fees in
conjunction with this Agreement.
17. The Parties agree to cooperate fully to achieve a binding
settlement in this matter, including, without limitation,
signing any documentation required by any Court or
administrative agency, and to cooperate regarding recordation
of this Agreement.
18. In the event that any term, condition or provision of this
Agreement shall be held by a court of competent jurisdiction to
be invalid or against public policy, that term, condition or
provision shall be deemed to be deleted, and the remaining
terms, conditions and provisions shall continue in force and
effect.
19. The validity, interpretation and performance of this
Agreement shall be construed and interpreted according to the
laws of the State of California.
20. The Parties represent and warrant that they have full power
to make the releases and agreements contained herein. The
Parties expressly represent and warrant that they have not
assigned, encumbered or in any manner transferred all or any
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SETTLEMENT AGREEMENT AND GENERAL RELEASE
portion of the claims covered by the releases and agreements
contained herein. The Parties acknowledge and agree that this
warranty and representation is an essential and material term
of the Agreement.
21. The Parties acknowledge that this Agreement constitutes the
sole and entire agreement of the Parties in this matter and
that any modifications to this Agreement may only be effected
by a writing signed by authorized representatives of both
Parties, and that this Agreement supersedes any prior written
or oral agreement concerning the subject matter of its
provisions. The Parties agree that there are no
representations, agreements, arrangements or understandings,
either written or oral, between or among the,Parties relating
to the subject matter of this Agreement which are not fully
expressed herein.
22. Each Party has had the opportunity to participate in
drafting the Agreement. Any terms, conditions or provisions of
the Agreement shall not be construed against one Party and in
favor of another by virtue of who actually drafted or
circulated the Agreement.
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SETTLEMENT AGREEMENT AND GENERAL RELEASE
23, The Parties agree to execute all documents and perform all
acts necessary to effectuate the terms and purposes of this
Agreement
24. The Parties may execute this Agreement.in counterparts, and
by facsimile, with the same force and effect as if executed in
a single, complete document.
25. The Parties acknowledge that they have been represented by
counsel in connection with this matter. The Parties and their
representatives also acknowledge that they have read and
understand the foregoing Agreement and that they affix their
signatures hereto voluntarily and without coercion. The
Parties further acknowledge that the waivers they have made are
knowing, conscious and with full appreciation that they are
forever foreclosed from pursuing any of the rights so waived.
619 Townhomes, LLC, a Delaware
limited liability company,
By: Latin Quarters, LLC, a
Delaware limited liability
company, Its Sole Member/Manager
By: Kadami Enterprises, LP a
California limited partnership,
Its Sole Member/Manager
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SETTLEMENT AGREEMENT AND GENERAL RELEASE
By: WCGM Properties, LLC, a
California limited liability company,
Its General Partner
DATED: By:
Genaro Mendoza, Manager
DATED:
APPROVED AS TO FORM:
DATED:
DATED:
NZ
City of Peta-1-uma-
John C. Brown, City Manager
City of Petaluma
By:
Eric W. Danly
Petaluma City Attorney
Pauline Deixler
Attorney for 619 Townhomes
LLC
EXHIBIT "A"
LEGAL DESCRIPTION
SITUATE IN THE CITY OF PETALUMA, COUNTY OF SONOMA, STATE OF CALIFORNIA.
PARCEL A (ACCESS)
A PORTION OF PARCEL ONE OF THE LANDS OF 619 TOWNHOMES, LLC, A DELAWARE LIMITED LIABILITY
COMPANY, AS CONVEYED BY DEED RECORDED UNDER DOCUMENT NUMBER 2013-055963, SONOMA
COUNTY RECORDS, AND THAT PORTION OF LAND, SHOWN ON SHEET 2 OF THAT CERTAIN RECORD OF
SURVEY, FILED IN BOOK 782 OF MAPS AT PAGES 14-16, SONOMA COUNTY RECORDS, LYING EASTERLY OF
THE EASTERLY LINE OF SAID PARCEL ONE (KEYNOTED AS "K" ON SAID SURVEY) AND WESTERLY OF THAT
CERTAIN COURSE ALONG THE WESTERLY LINE OF THE LANDS OF THE CITY OF PETALUMA LABELED
NORTH 25°58'00" EAST 47.21 FEET, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND 2" BRASS DISC AND PUNCH, STAMPED "LS 4419", IN A MONUMENT WELL, SHOWN
AS A WITNESS CORNER TO THE INTERSECTION OF THE CENTERLINES OF F STREET AND SIXTH STREET ON
SAID RECORD OF SURVEY, THENCE SOUTH 59°02'35" EAST, 436.86 FEET TO THE INTERSECTION OF THE
SOUTHWESTERLY LINE OF SIXTH STREET AND THE NORTHWESTERLY LINE OF G STREET, SAID
INTERSECTION BEING MARKED BY A/i' IRON PIPE & PLASTIC PLUG, STAMPED "LS 6368", AS SHOWN ON SAID
RECORD OF SURVEY; THENCE ALONG SAID SOUTHWESTERLY LINE, NORTH 64°02'00" WEST, 125.60 FEET TO
THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING ALONG SAID SOUTHWESTERLY
LINE, NORTH 64°02'00" WEST, 26.52 FEET TO THE SOUTHEASTERLY EDGE OF A BRICK PEDESTAL AT THE
BASE OF A 2.3 X 2.3 BRICK ENTRANCE PILLAR; THENCE LEAVING SAID SOUTHWESTERLY LINE, SOUTH
02°44'00" WEST, 55.44 FEET, SOUTH 0522'00" WEST, 88.27 FEET, SOUTH 06°22'00" WEST, 61.07 FEET AND
SOUTH 25°04'00" WEST, 63.20 FEET TO THE EDGE OF AN EXISTING BRICK PLANTER; THENCE ALONG SAID
EDGE, SOUTH 64°13'47" EAST, 16.75 FEET AND SOUTH 25°02'54" WEST, 4.64 FEET TO THE EDGE OF A
CONCRETE CURB; THENCE ALONG SAID CURB EDGE, SOUTH 64°44'06" EAST, 12.23 FEET AND SOUTH
24°40'46" WEST, 3.91 FEET TO THE EDGE OF A CONCRETE SIDEWALK; THENCE ALONG SAID EDGE, SOUTH
63°37'04" EAST, 5.72 FEET TO A POINT ON THE EASTERLY LINE OF THAT CERTAIN PARCEL CONVEYED BY THE
CITY OF PETALUMA TO C. NISSON BY DEED RECORDED IN BOOK 192 OF DEEDS AT PAGE 147, SONOMA
COUNTY RECORDS, BEING A LINE LYING 8 FEET WESTERLY OF, AND PARALLEL WITH, THE WESTERLY BANK
OF THOMPSON CREEK, KEYNOTED AS "D" ON SAID RECORD OF SURVEY; THENCE MEANDERING SAID
WESTERLY BANK OFFSET, SAID MEANDERS KEYNOTED AS "D1" ON SAID RECORD OF SURVEY, THE
FOLLOWING 11 COURSES:
NORTH 14°58'00" EAST 9.55 FEET;
THENCE NORTH 11°17'00" EAST 14.30 FEET;
THENCE NORTH 07°43'00" EAST 23.64 FEET;
THENCE NORTH 18°10'00" EAST 16.42 FEET;
THENCE NORTH 08°03'00" EAST 65.35 FEET;
THENCE NORTH 02°54'00" WEST 30.03 FEET;
THENCE NORTH 08°57'00" EAST 12.00 FEET;
THENCE NORTH 02°46'00" WEST 15.00 FEET;
THENCE NORTH 12°52'00" WEST 7.30 FEET;
THENCE NORTH 00°58'00" WEST 13.00 FEET;
THENCE NORTH 10°47'00" EAST 24.00 FEET TO THE NORTHWESTERLY LINE OF THOSE LANDS CONVEYED BY
J.L. DINWIDDIE TO THE CITY OF PETALUMA BY DEED RECORDED IN BOOK 175 OF DEEDS AT PAGES 119-122,
SONOMA COUNTY RECORDS; THENCE ALONG SAID LINE NORTH 25°58'00" EAST 24.39 FEET; THENCE LEAVING
SAID LINE, AND ALONG A LINE LYING 2.00 FEET WESTERLY OF, AND PARALLEL WITH, THE WESTERLY EDGE
OF THE UNDERGROUND THOMPSON CREEK CONCRETE CULVERT, NORTH 07°46'42" EAST 13.84 FEET AND
NORTH 18°24'40" EAST 9.76 FEET TO THE POINT OF BEGINNING.
CONTAINING 4856 SQUARE FEET, MORE OR LESS
STEVEN J. LAFRANCHI & ASSOCIATES, INC.
CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS- LANDSCAPE ARCHITECTS
PETALUMA THEATRE SQUARE
140 SECOND STREET, SUITE 312, PETALUMA, CA 94952
TEL 707-762-3122 FAX 707-762-3239
Exh D-131667—Mendoza Esmt to CORA=
PARCEL B (ACCESS)
A PORTION OF PARCEL TWO OF THE LANDS OF 619 TOWNHOMES, LLC, A DELAWARE LIMITED LIABILITY
COMPANY, AS CONVEYED BY DEED RECORDED UNDER DOCUMENT NUMBER 2013-055963, SONOMA
COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND 2" BRASS DISC AND PUNCH, STAMPED "LS 4419", IN A MONUMENT WELL,
SHOWN AS A WITNESS CORNER TO THE INTERSECTION OF THE CENTERLINES OF F STREET AND SIXTH
STREET ON SAID RECORD OF SURVEY, THENCE SOUTH 59°02'35" EAST, 436.86 FEET TO THE
INTERSECTION OF THE SOUTHWESTERLY LINE OF SIXTH STREET AND THE NORTHWESTERLY LINE OF G
STREET, SAID INTERSECTION BEING MARKED BY A'/" IRON PIPE & PLASTIC PLUG, STAMPED "LS 6368", AS
SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG SAID NORTHWESTERLY LINE
SOUTH 25°58'00" WEST, 247.69 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE
LEAVING SAID NORTHWESTERLY LINE, NORTH 63°26'30" WEST 1.30 FEET TO THE SOUTHWESTERLY EDGE
OF A CONCRETE CURB; THENCE ALONG SAID CURB EDGE, NORTH 63°26'30" WEST 21.07 FEET TO A POINT
ON THE WESTERLY LINE OF THAT CERTAIN "G STREET LOT" CONVEYED BY DEED RECORDED IN BOOK 239
OF DEEDS AT PAGES 491-492, SONOMA COUNTY RECORDS, BEING THE EASTERLY BANK OF THOMPSON
CREEK KEYNOTED AS "E" ON THAT CERTAIN RECORD OF SURVEY FILED IN BOOK 782 OF MAPS AT PAGES
14-16, SONOMA COUNTY RECORDS; THENCE MEANDERING SAID EASTERLY BANK, SAID MEANDERS
KEYNOTED AS "E1" ON SAID RECORD OF SURVEY, SOUTH 14°48'00" WEST 18.23 FEET; THENCE LEAVING
SAID WESTERLY LINE OF THAT CERTAIN "G STREET LOT", SOUTH 63°26'19" EAST 18.84 FEET TO SAID
NORTHWESTERLY LINE OF G STREET; THENCE ALONG SAID LINE, NORTH 25°58'00" EAST, 17.85 FEET TO
THE POINT OF BEGINNING.
CONTAINING 366 SQUARE FEET, MORE OR LESS.
PARCEL C (ACCESS & PUBLIC STORM DRAIN)
A PORTION OF PARCEL ONE OF THE LANDS OF 619 TOWNHOMES, LLC, A DELAWARE LIMITED LIABILITY
COMPANY, AS CONVEYED BY DEED RECORDED UNDER DOCUMENT NUMBER 2013-055963, SONOMA
COUNTY RECORDS, AND THAT PORTION OF LAND, SHOWN ON SHEET 2 OF THAT CERTAIN RECORD OF
SURVEY, FILED IN BOOK 782 OF MAPS AT PAGES 14-16, SONOMA COUNTY RECORDS, LYING EASTERLY OF
THE EASTERLY LINE OF SAID PARCEL ONE (KEYNOTED AS "K" ON SAID SURVEY) AND WESTERLY OF THAT
CERTAIN COURSE ALONG THE WESTERLY LINE OF THE LANDS OF THE CITY OF PETALUMA LABELED
NORTH 25°58'00" EAST 47.21 FEET, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND 2" BRASS DISC AND PUNCH, STAMPED "LS 4419", IN A MONUMENT WELL, SHOWN
AS A WITNESS CORNER TO THE INTERSECTION OF THE CENTERLINES OF F STREET AND SIXTH STREET ON
SAID RECORD OF SURVEY, THENCE SOUTH 59°02'35" EAST, 436.86 FEET TO THE INTERSECTION OF THE
SOUTHWESTERLY LINE OF SIXTH STREET AND THE NORTHWESTERLY LINE OF G STREET, SAID
INTERSECTION BEING MARKED BY A %" IRON PIPE & PLASTIC PLUG, STAMPED "LS 6368", AS SHOWN ON SAID
RECORD OF SURVEY; THENCE ALONG SAID SOUTHWESTERLY LINE, NORTH 64°02'00" WEST, 120.00 FEET TO
THE MOST NORTHERLY CORNER OF THE LANDS OF THE CITY OF PETALUMA, AS SHOWN ON SAID RECORD
OF SURVEY, BEING MARKED BY A'/2" IRON PIPE & PLASTIC PLUG, STAMPED "LS 6368", AND THE POINT OF
BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE,
NORTH 64°02'00" WEST, 5.60 FEET; THENCE LEAVING SAID LINE, AND ALONG A LINE LYING 2.00 FEET
WESTERLY OF, AND PARALLEL WITH, THE WESTERLY EDGE OF THE UNDERGROUND THOMPSON CREEK
CONCRETE CULVERT, SOUTH 18°24'40" EAST 9.76 FEET AND SOUTH 07°46'42" EAST 13.84 FEET TO THE
NORTHWESTERLY LINE OF THOSE LANDS CONVEYED BY J.L. DINWIDDIE TO THE CITY OF PETALUMA BY
DEED RECORDED IN BOOK 175 OF DEEDS AT PAGES 119-122, SONOMA COUNTY RECORDS; THENCE ALONG
SAID LINE NORTH 25°58'00" EAST 22.82 FEET TO THE POINT OFBEGINNING.
CONTAINING 76 SQUARE FEET, MORE OR LESS.
STEVEN J. LAFRANCHI & ASSOCIATES, INC.
CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS- LANDSCAPE ARCHITECTS
PETALUMA THEATRE SQUARE
140 SECOND STREET, SUITE 312, PETALUMA, CA 94952
TEL 707-762-3122 FAX 707-762-3239
Exh D-131667—Mendoza Esmt to COR.doc
THE BASIS OF BEARINGS OF THESE DESCRIPTIONS IS SOUTH 59°02'35" EAST BETWEEN A FOUND 2" BRASS
DISC IN MONUMENT WELL, STAMPED "LS 4419", NEAR THE INTERSECTION OF THE CENTERLINES OF "F"
STREET AND 6TH STREET, AND A FOUND'/2" IRON PIPE & PLASTIC PLUG, STAMPED "LS 6368", AT THE
SOUTHWESTERLY CORNER OF THE INTERSECTION OF 6TH STREET AND "G" STREET, CALCULATED PER THAT
CERTAIN RECORD OF SURVEY, FILED IN BOOK 782 OF MAPS AT PAGES 14-16, SONOMA COUNTY RECORDS.
STEVEN J. LAFRANCHI, PLS 6368
DATE
STEVEN J. LAFRANCHI & ASSOCIATES, INC.
CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS- LANDSCAPE ARCHITECTS
PETALUMA THEATRE SQUARE
140 SECOND STREET, SUITE 312, PETALUMA, CA 94952
TEL 707-762-3122 FAX 707-762-3239
Exh D_131667_Mendoza Esmt to COR.doc
w
m
m
w
POC, EXHIBIT "A"
Parcels
S 25'58'00" W EASEMENT AREAS
5.00 (Tie) SEE EXHIBIT "A" FOR LEGAL DESCRIPTION
• -------S 59'02'35" E
1
6th Sfreef C tc h S t r e e t POB, — 436_86
I l! N 64'02'00" W _ PARCEL C — — — — — —
LEGEND
POC
POINT OF COMMENCEMENT
POB
POINT OF BEGINNING
D
DEEDS
DN
DOCUMENT NUMBER
(T)
TOTAL
SCR
SONOMA COUNTY RECORDS
FOUND 2" BRASS DISC & PUNCH,
STAMPED "LS 4419" PER 654 N
MAPS 39-40, SCR o�
• FOUND Y2" IRON PIPE & PLASTIC N-\
PLUG, STAMPED "LS 6368", PER oo,
782 MAPS 14-16, SCR
EASEMENT AREAS A & B
(PARCELS A & B)
EASEMENT AREA C (PARCEL C)
COURSE DATA
LINE
BEARING
LENGTH
Ll
S64' 13'47"E
16.75
L2
S25'02'54"W
4.64
L3
S64'44'06"E
12.23
L4
S24'40'46"W
3.91
L5
S63'37'04"E
5.72
L6
N14'58'00"E
9.55
L7
N 11' 17'00"E
14.30
L8
N07'43'00"E
23.64
L9
N18'10'00"E
16.42
L10
N08'03'00"E
65.35
L11
NO2'54'00"W
30.03
L 12
N08'57'00"E
12.00
L 13
NO2'46'00"W
15.00
L14
N12'52'00"W
7.30
L 15
N00'58'00"W
13.00
L16
N10'47'00"E
24.00
L 17
N25'58'00"E
24.39
L 18
N63'26'30"W
22.37
L19
S14'48'00"W
18.23
L20
S63'26'1 9"E
18.84
L21
N25'58'00"E
17.85
L22
N07'46'42"E
13.84
L23
N18'24'40"E
9.76
L24
N25'58'00"E
22.82
N 64'02'00" W ( 120.00
111TW1
2004-126337,5
-CITY OF
PETAL UMA
PORT/ON
1750.119
782 MAPS
14-16
61 /J
NN.
0
619 T0W1VHOMFS, L/C
2013-055963
PARCEL ONE a'
'oma
L25 N64'02'00'W 5.60
STEVEN J. LAFRANCHI & ASSOCIATES, INC.
CIVIL ENGINEERS - LAND SURVEYORS
LAND PLANNERS - LANDSCAPE ARCHITECTS
PETALUMA THEATER SQUARE
140 SECOND STREET, SUITE 312
PETALUMA, CALIFORNIA 94952
(707) 762-3122 FAX (707) 762-3239
7;
N
v;
0
0
0
RRESCIAN/ TRUST
ON 2004 -1 18331
TUf7S IW61ST
fJN 2006-040591
rn
cD
N 'ww
3 vJ
o
o v
0
p
Lo
N
ZAI
511ACC/
P/TTLER
-CITY OF 2015-1 1 1221
PETAL UMA
PORT/ON
175 D 119 619
TOWNHOMES,
LZ C
782 MAPS 2013®055963
14-16 PARCEL
7_6�vO
POB,
PARCEL B
EXHIBIT "B"
LEGAL DESCRIPTION
SITUATE IN THE CITY OF PETALUMA, COUNTY OF SONOMA, STATE OF CALIFORNIA
ALL THAT PROPERTY CONVEYED TO THE CITY OF PETALUMA BY DEED RECORDED AUGUST 10, 1897 IN
BOOK 175 OF DEEDS AT PAGE 119 SONOMA COUNTY RECORDS.
EXCEPTING THEREFROM THAT PORTION CONTAINED IN THE DEED TO C. NISSON BY DEED RECORDED
NOVEMBER 27, 1900 IN BOOK 192 OF DEEDS PAGE 147 SONOMA COUNTY RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION CONTAINED IN THE DEED TO J. S. THOMAS BY DEED
RECORDED DECEMBER'23, 1907 IN BOOK 239 OF DEEDS PAGE 491 SONOMA COUNTY RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION CONTAINED IN THE DEED TO B. H. QUISTGARD ET. AL.
RECORDED NOVEMBER 25, 1964 IN BOOK 2091 PAGE 510 SONOMA COUNTY RECORDS.
STEVEN J. LAFRANCHI & ASSOCIATES, INC.
CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS- LANDSCAPE ARCHITECTS
PETALUMA THEATRE SQUARE
140 SECOND STREET, SUITE 312, PETALUMA, CA 94952
TEL 707-762-3122 FAX 707-762-3239
Exh B_131667_COP.doc
EXHIBIT "B"
CITY OF PETALUMA PROPERTY
SEE EXHIBIT "A" FOR LEGAL DESCRIPTION
6th Street
Albrihweslerj, 1,
175 Deeds 119
fllosferll Line J
239 Deeds 491
Easterly line
192 Deeds 147
CITY OF PETAL UUA
PORTION 175 Of-EZ)S 119
1782 UAP.S 14-16
619 T014INHORZ-S, LLC
ON 201 '®05596'.3
PARCEL ONE
-- V1TALl
LIN 2004--126375
RRESC1AN1 TRUST
ON 2004-11f3330
FERRO
ON 1999-072250
TUFTS TRUST
PN 2006-040596
V
S/L ccl d, 1:1WA61?
DN 2015-111221
STEVEN J. LAFRANCHI & ASSOCIATES, INC.
CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS - LANDSCAPE ARCHITECTS
PETALUMA THEATER SQUARE
140 SECOND STREET, SUITE 312
PETALUMA, CALIFORNIA 94952
(707) 762-3122 FAX (707) 762-3239
619 TOWNHOMES ILC
DN 201.3-055963
PARCEI TGYO
wester�l Line -A
299 Deeds 491
\110,
Easterly Line
192 Peeds 147
Soull2wesloo Line
2091 OR 510
FERRO
ON 1999-072250
TUFTS TRUST
PN 2006-040596
V
S/L ccl d, 1:1WA61?
DN 2015-111221
STEVEN J. LAFRANCHI & ASSOCIATES, INC.
CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS - LANDSCAPE ARCHITECTS
PETALUMA THEATER SQUARE
140 SECOND STREET, SUITE 312
PETALUMA, CALIFORNIA 94952
(707) 762-3122 FAX (707) 762-3239
619 TOWNHOMES ILC
DN 201.3-055963
PARCEI TGYO
EXHIBIT "C"
LEGAL DESCRIPTION
SITUATE IN THE CITY OF PETALUMA, COUNTY OF SONOMA, STATE OF CALIFORNIA.
A PORTION OF THE LANDS OF THE CITY OF PETALUMA AS CONVEYED BY J.L. DINWIDDIE TO THE CITY OF
PETALUMA BY DEED RECORDED IN BOOK 175 OF DEEDS AT PAGES 119-122, SONOMA COUNTY RECORDS,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND 2" BRASS DISC AND PUNCH, STAMPED "LS 4419", IN A MONUMENT WELL, SHOWN
AS A WITNESS CORNER TO THE INTERSECTION OF THE CENTERLINES OF F STREET AND SIXTH STREET ON
THAT CERTAIN RECORD OF SURVEY, FILED IN BOOK 782 OF MAPS AT PAGES 14-16, SONOMA COUNTY
RECORDS, THENCE SOUTH 59°02'35" EAST 436.86 FEET TO THE INTERSECTION OF THE SOUTHWESTERLY
LINE OF SIXTH STREET AND THE NORTHWESTERLY LINE OF G STREET, SAID INTERSECTION BEING MARKED
BY A Y2" IRON PIPE & PLASTIC PLUG, STAMPED "LS 6368", AS SHOWN ON SAID RECORD OF SURVEY; THENCE
ALONG SAID SOUTHWESTERLY LINE NORTH 64°02'00" WEST 109.08 FEET TO THE POINT OFBEGINNING OF
THIS DESCRIPTION; THENCE LEAVING SAID LINE, SOUTH 08°54'00" WEST 1.0 FEET MORE OR LESS TO A
WOOD FENCE CORNER; THENCE ALONG THE CENTERLINE OF SAID FENCE SOUTH 08°54'00" WEST 102.05
FEET AND SOUTH 62°27'00" EAST 5.10 FEET MORE OR LESS TO THE WESTERLY LINE OF THAT CERTAIN "6TH
STREET LOT" CONVEYED BY THE CITY OF PETALUMA TO J.S. THOMAS BY DEED RECORDED IN BOOK 239 OF
DEEDS AT PAGES 491-492, SONOMA COUNTY RECORDS, BEING THE EASTERLY BANK OF THOMPSON CREEK
AS SHOWN ON SAID RECORD OF SURVEY; THENCE MEANDERING SAID EASTERLY BANK
SOUTH 05°42'00" WEST 5.75 FEET AND SOUTH 06°56'00" EAST 4.60 FEET TO THE CENTERLINE OF THE LAST-
MENTIONED WOOD FENCE; THENCE ALONG SAID FENCE CENTERLINE SOUTH 08°40'00" WEST 31.10 FEET TO
THE NORTHWESTERLY LINE OF THE "WHITNEY LOT", REFERRED TO IN THE DESCRIPTION OF SAID "6TH
STREET LOT"; THENCE LEAVING SAID FENCE CENTERLINE AND ALONG SAID LINE, SOUTH 25°58'00" WEST
2.40 FEET TO THE MOST WESTERLY CORNER OF SAID "WHITNEY LOT", ALSO BEING A POINT ON THE
CENTERLINE OF THE LAST-MENTIONED WOOD FENCE; THENCE ALONG SAID FENCE CENTERLINE
SOUTH 09°01'00" WEST 51.87 FEET TO THE BEGINNING OF A CYCLONE FENCE ATOP A CONCRETE RETAINING
WALL; THENCE ALONG THE CENTERLINE OF SAID FENCE SOUTH 88°85'00" WEST 0.26 FEET,
SOUTH 09°24'00" WEST 34.20 FEET, SOUTH 30°00'00" WEST 7.85 FEET AND SOUTH 27°38'00" WEST 7.95 FEET
TO THE BEGINNING OF A WOOD FENCE; THENCE LEAVING SAID CYLCONE FENCE AND RETAINING WALL AND
ALONG SAID WOOD FENCE, SOUTH 04°04'00" EAST 7.00 FEET TO AN ANGLE POINT IN SAID FENCE; THENCE
LEAVING SAID FENCE, SOUTH 04°04'00" EAST 0.75 FEET TO THE NORTHWESTERLY PROLONGATION OF THE
SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL CONVEYED BY THE PIONEER HATCHERY TO BLODWEN M.
PEOPLES BY DEED RECORDED IN BOOK 1369 OF OFFICIAL RECORDS AT PAGE 580, SONOMA COUNTY
RECORDS; THENCE ALONG SAID LINE SOUTH 64°02'00" EAST 9.40 FEET TO THE SOUTHWESTERLY CORNER
OF SAID PARCEL AND THE WESTERLY LINE OF THAT CERTAIN "G STREET LOT" CONVEYED BY DEED
RECORDED IN BOOK 239 OF DEEDS AT PAGES 491-492, SONOMA COUNTY RECORDS, BEING THE EASTERLY
BANK OF THOMPSON CREEK AS SHOWN ON SAID RECORD OF SURVEY; THENCE MEANDERING SAID
EASTERLY BANK SOUTH 14°48'00" WEST 26.70 FEET AND SOUTH 19°17'00" WEST 29.00 FEET TO A POINT ON
THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL CONVEYED BY THE MUST HATCH INCUBATOR
COMPANY TO THE PIONEER HATCHERY BY DEED RECORDED IN BOOK 212 OF OFFICIAL RECORDS AT PAGE
431, SONOMA COUNTY RECORDS, BEING MARKED BY A W IRON PIPE & PLASTIC PLUG, STAMPED "LS 6368",
AS SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG SAID LINE NORTH 64002'00" WEST 23.20 FEET TO A
POINT ON THE EASTERLY LINE OF THAT CERTAIN PARCEL CONVEYED BY THE CITY OF PETALUMA TO C.
NISSON BY DEED RECORDED IN BOOK 192 OF DEEDS AT PAGE 147, SONOMA COUNTY RECORDS, BEING A
LINE LYING 8 FEET WESTERLY OF, AND PARALLEL WITH, THE WESTERLY BANK OF THOMPSON CREEK, SAID
POINT BEING MARKED BY 1/" IRON PIPE & PLASTIC PLUG, STAMPED "LS 6368", AS SHOWN ON SAID RECORD
OF SURVEY; THENCE MEANDERING SAID WESTERLY BANK OFFSET, THE FOLLOWING 12 COURSES:
NORTH 19°11'07" EAST 25.57 FEET;
THENCE NORTH 14°58'00" EAST 21.70 FEET;
THENCE NORTH 11°17'00" EAST 14.30 FEET;
THENCE NORTH 07°43'00" EAST 23.64 FEET;
THENCE NORTH 18°10'00" EAST 16.42 FEET;
THENCE NORTH 08°03'00" EAST 65.35 FEET;
THENCE NORTH 02°54'00" WEST 30.03 FEET;
STEVEN J. LAFRANCHI & ASSOCIATES, INC.
CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS- LANDSCAPE ARCHITECTS
PETALUMA THEATRE SQUARE
140 SECOND STREET, SUITE 312, PETALUMA, CA 94952
TEL 707-762-3122 FAX 707-762-3239
Exh C131667 COP Esmt to Mendoza..doc
THENCE NORTH 08°57'00" EAST 12.00 FEET;
THENCE NORTH 02°46'00" WEST 15.00 FEET;
THENCE NORTH 12°52'00" WEST 7.30 FEET;
THENCE NORTH 00°58'00" WEST 13.00 FEET;
THENCE NORTH 10°47'00" EAST 24.00 FEET TO THE NORTHWESTERLY LINE OF THE ABOVE-MENTIONED
PARCEL CONVEYED BY J.L. DINWIDDIE TO THE CITY OF PETALUMA;
THENCE ALONG SAID LINE NORTH 25°58'00" EAST 47.21 FEET TO THE MOST NORTHERLY CORNER OF SAID
PARCEL, BEING A POINT ON THE SOUTHWESTERLY LINE OF SIXTH STREET, AND MARKED BY A %" IRON PIPE
& PLASTIC PLUG, STAMPED "LS 6368", AS SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG SAID LINE
SOUTH 64°02'00" EAST 10.92 FEET TO THE POINT OF BEGINNING.
CONTAINING 6,044 SQUARE FEET, MORE OR LESS.
THE BASIS OF BEARINGS OF THIS DESCRIPTION IS SOUTH 59°02'35" EAST BETWEEN A FOUND 2" BRASS DISC
IN MONUMENT WELL, STAMPED "LS 4419", NEAR THE INTERSECTION OF THE CENTERLINES OF "F" STREET
AND 6TH STREET, AND A FOUND'/z" IRON PIPE & PLASTIC PLUG, STAMPED "LS 6368", AT THE
SOUTHWESTERLY CORNER OF THE INTERSECTION OF 6TH STREET AND "G" STREET, CALCULATED PER THAT
CERTAIN RECORD OF SURVEY, FILED IN BOOK 782 OF MAPS AT PAGES 14-16, SONOMA COUNTY RECORDS.
STEVEN J LAFRANCHI, PLS 6368
DATE
STEVEN J. LAFRANCHI & ASSOCIATES, INC.
CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS- LANDSCAPE ARCHITECTS
PETALUMA THEATRE SQUARE
140 SECOND STREET, SUITE 312, PETALUMA, CA 94952
TEL 707-762-3122 FAX 707-762-3239
Exh C-131667—COP Esmt to Mendoza..doc
EXHIBIT "C"
POC
EASEMENT
S 25'58'00" W SEE EXHIBIT "A" FOR LEGAL DESCRIPTION
5.00 (Tie) 6 t h Street
_ _ _S 59'02'35"E
m 16th street POB, EASEMENT E — (Tie)—
m L31 ---
r�„ N 64'02'00" W 109.08
4
V
619 TOWAIHOMCS,
LLC
L)/V 201.3-055963
F'A1?CEL ONE
HRE".5C/AN/ %RUST
LEGEND DN 2oo�l Iia,3,3a
\ POC POINT OF COMMENCEMENT
f L,3/ L4 POB POINT OF BEGINNING
1/ D DEEDS
F / L5 DN DOCUMENT NUMBER
TUPt ' f SCTOTAL
R SONOMA COUNTY RECORDS
PIS, J J1 O FOUND 2" BRASS DISC & PUNCH,
f{� / STAMPED "LS 4419" PER 654
1 f MAPS 39-40, SCR
))) 1 • FOUND Yz" IRON PIPE & PLASTIC
f f PLUG, STAMPED "LS 6368" PER
782 MAPS 14-16, SCR
r
EASEMENT AREA
MATCf� LINE TUFTS TRUST
ON 7006-04 0598
STEVEN J. LAFRANCHI & ASSOCIATES, INC.
CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS - LANDSCAPE ARCHITECTS
PETALUMA THEATER SQUARE
140 SECOND STREET, SUITE 312
PETALUMA, CALIFORNIA 94952
(707) 762-3122 FAX (707) 762-3239
V
Fuge 1 of 2
In
COURSE DATA
LINE
BEARING
LENGTH
Ll
S08'54'00"W
1.0
L2
S08'54'00"W
102.05
L3
S62'27'00"E
5.10
L4
S05'42'00"W
5.75
L5
S06'56'00"E
4.60
L6
S08'40'00"W
31.10
L7
S25'58'00"W
2.40
L8
S09'01'00"W
51.87
L23
N08'03'00"E
65.35
L24
NO2'54'00"W
30.03
L25
N08'57'00"E
12.00
L26
NO2'46'00"W
15.00
V/TAL1
L27
N12'52'00"W
7.30
ON 2004-126375
L28
N00'58'00"W
13.00
L29
N10'47'00"E
24.00
L30
N25'58'00"E
47.21
L31
S64'02'00"E
10.92
HRE".5C/AN/ %RUST
LEGEND DN 2oo�l Iia,3,3a
\ POC POINT OF COMMENCEMENT
f L,3/ L4 POB POINT OF BEGINNING
1/ D DEEDS
F / L5 DN DOCUMENT NUMBER
TUPt ' f SCTOTAL
R SONOMA COUNTY RECORDS
PIS, J J1 O FOUND 2" BRASS DISC & PUNCH,
f{� / STAMPED "LS 4419" PER 654
1 f MAPS 39-40, SCR
))) 1 • FOUND Yz" IRON PIPE & PLASTIC
f f PLUG, STAMPED "LS 6368" PER
782 MAPS 14-16, SCR
r
EASEMENT AREA
MATCf� LINE TUFTS TRUST
ON 7006-04 0598
STEVEN J. LAFRANCHI & ASSOCIATES, INC.
CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS - LANDSCAPE ARCHITECTS
PETALUMA THEATER SQUARE
140 SECOND STREET, SUITE 312
PETALUMA, CALIFORNIA 94952
(707) 762-3122 FAX (707) 762-3239
V
Fuge 1 of 2
In
EXHIBIT "D"
LEGAL DESCRIPTION
SITUATE IN THE CITY OF PETALUMA, COUNTY OF SONOMA, STATE OF CALIFORNIA.
PARCEL A (ACCESS)
A PORTION OF PARCEL ONE OF THE LANDS OF 619 TOWNHOMES, LLC, A DELAWARE LIMITED LIABILITY
COMPANY, AS CONVEYED BY DEED RECORDED UNDER DOCUMENT NUMBER 2013-055963, SONOMA
COUNTY RECORDS, AND THAT PORTION OF LAND, SHOWN ON SHEET 2 OF THAT CERTAIN RECORD OF
SURVEY, FILED IN BOOK 782 OF MAPS AT PAGES 14-16, SONOMA COUNTY RECORDS, LYING EASTERLY OF
THE EASTERLY LINE OF SAID PARCEL ONE (KEYNOTED AS "K" ON SAID SURVEY) AND WESTERLY OF THAT
CERTAIN COURSE ALONG THE WESTERLY LINE OF THE LANDS OF THE CITY OF PETALUMA LABELED
NORTH 25°58'00" EAST 47.21 FEET, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND 2" BRASS DISC AND PUNCH, STAMPED "LS 4419", IN A MONUMENT WELL, SHOWN
AS A WITNESS CORNER TO THE INTERSECTION OF THE CENTERLINES OF F STREET AND SIXTH STREET ON
SAID RECORD OF SURVEY, THENCE SOUTH 59°02'35" EAST, 436.86 FEET TO THE INTERSECTION OF THE
SOUTHWESTERLY LINE OF SIXTH STREET AND THE NORTHWESTERLY LINE OF G STREET, SAID
INTERSECTION BEING MARKED BY A'/" IRON PIPE & PLASTIC PLUG, STAMPED "LS 6368", AS SHOWN ON SAID
RECORD OF SURVEY; THENCE ALONG SAID SOUTHWESTERLY LINE, NORTH 64°02'00" WEST, 125.60 FEET TO
THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING ALONG SAID SOUTHWESTERLY
LINE, NORTH 64°02'00" WEST, 26.52 FEET TO THE SOUTHEASTERLY EDGE OF A BRICK PEDESTAL AT THE
BASE OF A 2.3 X 2.3 BRICK ENTRANCE PILLAR; THENCE LEAVING SAID SOUTHWESTERLY LINE, SOUTH
02°44'00" WEST, 55.44 FEET, SOUTH 05°22'00" WEST, 88.27 FEET, SOUTH 06°22'00" WEST, 61.07 FEET AND
SOUTH 2504'00" WEST, 63.20 FEET TO THE EDGE OF AN EXISTING BRICK PLANTER; THENCE ALONG SAID
EDGE, SOUTH 6413'47" EAST, 16.75 FEET AND SOUTH 25°02'54" WEST, 4.64 FEET TO THE EDGE OF A
CONCRETE CURB; THENCE ALONG SAID CURB EDGE, SOUTH 64°44'06" EAST, 12.23 FEET AND SOUTH
24°40'46" WEST, 3.91 FEET TO THE EDGE OF A CONCRETE SIDEWALK; THENCE ALONG SAID EDGE, SOUTH
63°37'04" EAST, 5.72 FEET TO A POINT ON THE EASTERLY LINE OF THAT CERTAIN PARCEL CONVEYED BY THE
CITY OF PETALUMA TO C. NISSON BY DEED RECORDED IN BOOK 192 OF DEEDS AT PAGE 147, SONOMA
COUNTY RECORDS, BEING A LINE LYING 8 FEET WESTERLY OF, AND PARALLEL WITH, THE WESTERLY BANK
OF THOMPSON CREEK, KEYNOTED AS "D" ON SAID RECORD OF SURVEY; THENCE MEANDERING SAID
WESTERLY BANK OFFSET, SAID MEANDERS KEYNOTED AS "D1" ON SAID RECORD OF SURVEY, THE
FOLLOWING 11 COURSES:
NORTH 14°58'00" EAST 9.55 FEET;
THENCE NORTH 11°17'00" EAST 14.30 FEET;
THENCE NORTH 07°43'00" EAST 23.64 FEET;
THENCE NORTH 18°10'00" EAST 16.42 FEET;
THENCE NORTH 08°03'00" EAST 65.35 FEET;
THENCE NORTH 02°54'00" WEST 30.03 FEET;
THENCE NORTH 08°57'00" EAST 12.00 FEET;
THENCE NORTH 02°46'00" WEST 15.00 FEET;
THENCE NORTH 12°52'00" WEST 7.30 FEET;
THENCE NORTH 00°58'00" WEST 13.00 FEET;
THENCE NORTH 10°47'00" EAST 24.00 FEET TO THE NORTHWESTERLY LINE OF THOSE LANDS CONVEYED BY
J.L. DINWIDDIE TO THE CITY OF PETALUMA BY DEED RECORDED IN BOOK 175 OF DEEDS AT PAGES 119-122,
SONOMA COUNTY RECORDS; THENCE ALONG SAID LINE NORTH 25°58'00" EAST 24.39 FEET; THENCE LEAVING
SAID LINE, AND ALONG A LINE LYING 2.00 FEET WESTERLY OF, AND PARALLEL WITH, THE WESTERLY EDGE
OF THE UNDERGROUND THOMPSON CREEK CONCRETE CULVERT, NORTH 07°46'42" EAST 13.84 FEET AND
NORTH 18°24'40" EAST 9.76 FEET TO THE POINT OF BEGINNING.
CONTAINING 4856 SQUARE FEET, MORE OR LESS.
STEVEN J. LAFRANCHI & ASSOCIATES, INC.
CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS- LANDSCAPE ARCHITECTS
PETALUMA THEATRE SQUARE
140 SECOND STREET, SUITE 312, PETALUMA, CA 94952
TEL 707-762-3122 FAX 707-762-3239
Exh D-131667—Mendoza Esmt to COP-doc
PARCEL B (ACCESS)
A PORTION OF PARCEL TWO OF THE LANDS OF 619 TOWNHOMES, LLC, A DELAWARE LIMITED LIABILITY
COMPANY, AS CONVEYED BY DEED RECORDED UNDER DOCUMENT NUMBER 2013-055963, SONOMA
COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND 2" BRASS DISC AND PUNCH, STAMPED "LS 4419", IN A MONUMENT WELL,
SHOWN AS A WITNESS CORNER TO THE INTERSECTION OF THE CENTERLINES OF F STREET AND SIXTH
STREET ON SAID RECORD OF SURVEY, THENCE SOUTH 59°02'35" EAST, 436.86 FEET TO THE
INTERSECTION OF THE SOUTHWESTERLY LINE OF SIXTH STREET AND THE NORTHWESTERLY LINE OF G
STREET, SAID INTERSECTION BEING MARKED BY A M." IRON PIPE & PLASTIC PLUG, STAMPED "LS 6368", AS
SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG SAID NORTHWESTERLY LINE
SOUTH 25°58'00" WEST, 247.69 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE
LEAVING SAID NORTHWESTERLY LINE, NORTH 63°26'30" WEST 1.30 FEET TO THE SOUTHWESTERLY EDGE
OF A CONCRETE CURB; THENCE ALONG SAID CURB EDGE, NORTH 63°26'30" WEST 21.07 FEET TO A POINT
ON THE WESTERLY LINE OF THAT CERTAIN "G STREET LOT" CONVEYED BY DEED RECORDED IN BOOK 239
OF DEEDS AT PAGES 491-492, SONOMA COUNTY RECORDS, BEING THE EASTERLY BANK OF THOMPSON
CREEK KEYNOTED AS "E" ON THAT CERTAIN RECORD OF SURVEY FILED IN BOOK 782 OF MAPS AT PAGES
14-16, SONOMA COUNTY RECORDS; THENCE MEANDERING SAID EASTERLY BANK, SAID MEANDERS
KEYNOTED AS "E1" ON SAID RECORD OF SURVEY, SOUTH 14°48'00" WEST 18.23 FEET; THENCE LEAVING
SAID WESTERLY LINE OF THAT CERTAIN "G STREET LOT", SOUTH 63°26'19" EAST 18.84 FEET TO SAID
NORTHWESTERLY LINE OF G STREET; THENCE ALONG SAID LINE, NORTH 25°58'00" EAST, 17.85 FEET TO
THE POINT OF BEGINNING.
CONTAINING 366 SQUARE FEET, MORE OR LESS.
PARCEL C (ACCESS & PUBLIC STORM DRAIN)
A PORTION OF PARCEL ONE OF THE LANDS OF 619 TOWNHOMES, LLC, A DELAWARE LIMITED LIABILITY
COMPANY, AS CONVEYED BY DEED RECORDED UNDER DOCUMENT NUMBER 2013-055963, SONOMA
COUNTY RECORDS, AND THAT PORTION OF LAND, SHOWN ON SHEET 2 OF THAT CERTAIN RECORD OF
SURVEY, FILED IN BOOK 782 OF MAPS AT PAGES 14-16, SONOMA COUNTY RECORDS, LYING EASTERLY OF
THE EASTERLY LINE OF SAID PARCEL ONE (KEYNOTED AS "K" ON SAID SURVEY) AND WESTERLY OF THAT
CERTAIN COURSE ALONG THE WESTERLY LINE OF THE LANDS OF THE CITY OF PETALUMA LABELED
NORTH 25°58'00" EAST 47.21 FEET, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND 2" BRASS DISC AND PUNCH, STAMPED "LS 4419", IN A MONUMENT WELL, SHOWN
AS A WITNESS CORNER TO THE INTERSECTION OF THE CENTERLINES OF F STREET AND SIXTH STREET ON
SAID RECORD OF SURVEY, THENCE SOUTH 59°02'35" EAST, 436.86 FEET TO THE INTERSECTION OF THE
SOUTHWESTERLY LINE OF SIXTH STREET AND THE NORTHWESTERLY LINE OF G STREET, SAID
INTERSECTION BEING MARKED BY A Y2" IRON PIPE & PLASTIC PLUG, STAMPED "LS 6368", AS SHOWN ON SAID
RECORD OF SURVEY; THENCE ALONG SAID SOUTHWESTERLY LINE, NORTH 64°02'00" WEST, 120.00 FEET TO
THE MOST NORTHERLY CORNER OF THE LANDS OF THE CITY OF PETALUMA, AS SHOWN ON SAID RECORD
OF SURVEY, BEING MARKED BY A Y." IRON PIPE & PLASTIC PLUG, STAMPED "LS 6368", AND THE POINT OF
BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE,
NORTH 64°02'00" WEST, 5.60 FEET; THENCE LEAVING SAID LINE, AND ALONG A LINE LYING 2.00 FEET
WESTERLY OF, AND PARALLEL WITH, THE WESTERLY EDGE OF THE UNDERGROUND THOMPSON CREEK
CONCRETE CULVERT, SOUTH 18°24'40" EAST 9.76 FEET AND SOUTH 07°46'42" EAST 13.84 FEET TO THE
NORTHWESTERLY LINE OF THOSE LANDS CONVEYED BY J.L. DINWIDDIE TO THE CITY OF PETALUMA BY
DEED RECORDED IN BOOK 175 OF DEEDS AT PAGES 119-122, SONOMA COUNTY RECORDS; THENCE ALONG
SAID LINE NORTH 25°58'00" EAST 22.82 FEET TO THE POINT OFBEGINNING.
CONTAINING 76 SQUARE FEET, MORE OR LESS.
STEVEN J. LAFRANCHI & ASSOCIATES, INC.
CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS- LANDSCAPE ARCHITECTS
PETALUMA THEATRE SQUARE
140 SECOND STREET, SUITE 312, PETALUMA, CA 94952
TEL 707-762-3122 FAX 707-762-3239
Exh D_131667_Mendoza Esmt to CORA=
THE BASIS OF BEARINGS OF THESE DESCRIPTIONS IS SOUTH 59°02'35" EAST BETWEEN A FOUND 2" BRASS
DISC IN MONUMENT WELL, STAMPED "LS 4419", NEAR THE INTERSECTION OF THE CENTERLINES OF "F"
STREET AND 6TH STREET, AND A FOUND %" IRON PIPE & PLASTIC PLUG, STAMPED "LS 636811, AT THE
SOUTHWESTERLY CORNER OF THE INTERSECTION OF 6TH STREET AND "G" STREET, CALCULATED PER THAT
CERTAIN RECORD OF SURVEY, FILED IN BOOK 782 OF MAPS AT PAGES 14-16, SONOMA COUNTY RECORDS.
STEVEN J. LAFRANCHI, PLS 6368
DATE
STEVEN J. LAFRANCHI & ASSOCIATES, INC.
CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS- LANDSCAPE ARCHITECTS
PETALUMA THEATRE SQUARE
140 SECOND STREET, SUITE 312, PETALUMA, CA 94952
TEL 707-762-3122 FAX 707-762-3239
Exh D -131667 -Mendoza Esmt to COR.doc
no
w
m
w
POC, EXHIBIT "D"
ParceS 25 8
''000" W EASEMENT AREAS
5.00 (Tie) SEE EXHIBIT "D" FOR LEGAL DESCRIPTION
• S 59'02'35"
6th Street 6th Street POBfE-436_86 (Tie) ---
I (! N 64'02'00" W _PARCEL C — — — — —
LEGEND %
POC POINT OF COMMENCEMENT Q
POB POINT OF BEGINNING �.
D DEEDS
DN DOCUMENT NUMBER
(T) TOTAL r/y
SCR SONOMA COUNTY RECORDS t
O FOUND 2" BRASS DISC & PUNCH,
STAMPED "LS 4419" PER 654 N
MAPS 39-40, SCR
• FOUND Y2" IRON PIPE & PLASTIC
PLUG, STAMPED "LS 6368", PER o, /
782 MAPS 14-16, SCR /
® EASEMENT AREAS A & B
(PARCELS A & B) �'rp
N�
EASEMENT AREA C (PARCEL C)
COURSE DATA
LINE
BEARING
LENGTH
L1
S64'13'47"E
16.75
L2
S25'02'54"W
4.64
L3
S64'44'06"E
12.23
L4
S24'40'46"W
3.91
L5
S63'37'04"E
5.72
L6
N14'58'00"E
9.55
L7
N 11' 17'00"E
14.30
L8
N07'43'00"E
23.64
L9
N18'10'00"E
16.42
L 10
N08'03'00"E
65.35
L 11
NO2'54'00"W
30.03
L 12
N08'57'00"E
12.00
L 13
NO2'46'00"W
15.00
L14
N12'52'00"W
7.30
L 15
N00'58'00"W
13.00
L16
N10'47'00"E
24.00
L 17
N25'58'00"E
24.39
LIS
N63'26'30"W
22.37
Z19
S14'48'00"W
18.23
L20
S63'26'19"E
18.84
L21
N25'58'00"E
17.85
L22
N07'46'42"E
13.84
L23
N18'24'40"E
9.76
L24
N25'58'00"E
22.82
N 64'02'00" W 1 120.00
li1TAL1
2004-126375
CITY OF
PETAL UMA
PORT/ON
175 D 119
782 MAPS
14-16
fi 19 T06YNHOA4E , LLC
201,3®-055963
PARCEL ONE
L25 1\164'02'00"W 5.60
STEVEN J. LAFR:ANCHI & ASSOCIATES, INC.
CIVIL ENGINEERS - LAND SURVEYORS
LAND PLANNERS - LANDSCAPE ARCHITECTS
PETALUMA THEATER SQUARE
140 SECOND STREET, SUITE 312
PETALUMA, CALIFORNIA 94952
(707) 762-3122 FAX (707) 762-3239
61'C5'C1AN7 TRUST
,ON 2004-1 18838
TUFTS TFRUST
DIV 2006-0405.98
511ACC/
EFr
-CITY OF 277L
20 15-1 1 122 1
PETALUMA
PORT/ON
175 D 119 619
iO6YNHOR9ES,
LLC
782 MAPS
14-16 PARCE�
T110
POB,
/ PARCEL B
14 1'A %1i/� I�
EXHIBIT E
Recording Requested By
City of Petaluma
No fee required, Govt, C §27373
When Recorded Mail To:
City of Petaluma
City Clerk's Office
11 English Street
Petaluma, CA 94952
and (.
Pauline M. Deixler
Attorney at Law �
Six C Street,,Second.Floor
Petaluma, CA 94952 J
GRANT OF EASEMENT
1. Grant of Easement.
The City of Petaluma, a California Charter City "Grantor" does hereby grant to 619
Townhomes LLC, a Delaware Limited Liability Company, herein referred to as "Grantee,". a
perpetual exclusive easement for the passage of pedestrian and vehicular traffic and for the
parking of motor vehicles over and upon that certain real property described and depicted in
Exhibit A, which is attached hereto and made a part of this Grant of Easement, and herein
referred to as the "Easement Area.".
Grantor further grants to Grantee the night to maintain and repair all existing improvements upon
or above the surface of the Easement Area (including but not limited to; pavement, curbs,
parking bumpers, fence, landscaping, and a small concrete block building).
Grantor further grants to Grantee the right to replace. or rebuild, all existing improvements upon
or above the surface of the Easement Area, with the exception of the small concrete block
building. The existing small concrete block building shall not be altered, replaced or rebuilt
without an encroachment permit from the Grantor, which shall not be unreasonably be withheld.
In the event Grantor is required to remove the small concrete block building in order to maintain
a City of Petaluma culvert, which underlies a portion of Easement Area, Grantor shall have the
right to remove the small concrete block building, without any obligation.to replace.
The construction of additional improvements within the Easement Area requires Grantee obtain
an encroachment permit from Grantor, which shall not be unreasonably withheld. '
2. Easement Appurtenant.
The Easement granted herein shall be for the benefit of and be appurtenant to the
property of the Grantee as described in the Grant Deed recorded May 30, 2013, in: Official
Records under Sonoma County Recorder's Serial Number 2013055963 and shall run with the
land and shall inure to the benefit of the heirs, successors and assigns of Grantee.
3. Indemnity.
Grantee shall hold Grantor harmless from and indewify and defend Grantor from any
and all claims, expenses, liabilities, damages, losses and costs, and any action or proceeding in
connection therewith that may result from Grantee's use of the Easement Area.
4. Termination of Covenant Liability.
After a transfer or other termination of the Grantee's entire interest of the Easement Area
to a successor in interest of Grantee, the Grantee shall not be responsible for any breach of this
agreement by its successors or assigns, which successors and assigns shall have the obligation to
comply with all terns of this Grant of Easement.
5. Amendment.
This Agreement may be amended only by a written agreement executed by the Grantor
and Grantee or their successors and assigns.
6. Recording.
The parties agree that this Agreement shall be recorded in the official records of the
County of. Sonoma, State of California.
7, Further Acts.
The parties agree to perform any and all additional acts and execute any and all additional
documents or instruments which may be.necessary to carry out the terms of this Grant.
.8. Maintenance.
Grantee shall be solely responsible for maintaining the surface of the Easement Area and
the improvements located thereupon in good and sanitary conditions subject to Grantor approval.
Grantor shall have no obligation to maintain the surface of the Easement Area nor any
improvements located thereupon.
Grantor is solely responsible for maintaining a City of Petaluma storm drain and culvert, which
is adjacent to and underlying a portion of Easement Area.
9. Authori .
Each person executing this document warrants that he or she is duly authorized to execute
the Agreement on behalf of the entity identified in the signature block below.
Dated: ; 2017
The City of Petaluma
By:
John C. Brown, City Manager
City of Petaluma
EXHIBIT F
City of Petaluma
No fee required, Govt. C §27373
When Recorded Mail To:
City of Petaluma
City Clerk's Office
19 English Street
Petaluma, CA 94952
Pauline M. Deixler
Attorney at Law
Six C Street,, Second Floor
Petaluma, CA 94952
GRANT OF EASEMENT
1. Grant of Easement.
619 Townhomes LLC, a Delaware Limited Liability Company, herein. "Grantor" does
hereby grant to the City of Petaluma, a California Charter City, herein "Grantee;" a perpetual
non-exclusive access easement for the passage of pedestrian and vehicular, traffic over and •upon
that certain real property described and depicted in Exhibit A, Parcels A, B, and C, (attached
hereto and made a part of this Grant of Easement) herein referred to as the "Easement Area."
Grantor further grants Grantee a perpetual non-exclusive access and public storm drain easement
to construct, reconstruct, maintain, and repair an existing public storm drain and culvert over and
upon that certain real property described and depicted in Exhibit A, Parcel C only, (attached
hereto and made a part of this Grant of Easement).
2. Easement Appurtenant.
The Easement granted herein shall be for the benefit of and be appurtenant to the
property of Grantee and shall run with the land and shall inure to the benefit of the heirs,
successors and assigns of Grantee. .
3. hWpmM
Grantee shall hold Grantor harmless from and indemnify. and defend Grantor from any
and all claims, expenses, liabilities, damages, losses and costs, and any -action or proceeding in
connection therewith that may result from Grantee's use of the Easement Area.,
4. Termination of Covenant Liability.
After a transfer or other termination of the Grantee's entire interest of the Easement Area
'to a successor in interest of Grantee, the Grantee shall not be responsible for any breach of this
agreement by its successors or assigns, which successors and assigns shall have the obligation to
comply with all terms of this Grant of Easement.
5, Amendment.
This Agreement may be amended only by a.written agreement executed by the Grantor
and Grantee or their successors and assigns.
6, Recordiniz.
The parties, agree that this Agreement shall be recorded in the official records of the
County of Sonoma, State of California.
7. Further Acts.
The parties agree to perform any and all additional acts and execute any and all additional
documents or instiuments which may be'necessaly to carry out the terms of this Grant.
8.. Maintenance.
Grantor shall be solely responsible for maintaining the surface of the Easement Area and
the improvements located thereupon in good and sanitary conditions.
Grantee shall have no obligation to maintain the surface of the Easement Area nor any
improvements located thereupon.
Grantee is solely responsible for maintaining a City of Petaluma storm drain and culvert, which
are adjacent to and within the Easement .Area.
9. Authori .
Each person executing this document warrants that he or she is duly authorized to execute
the Agreement on behalf of the entity identified in the signature block below.
Dated: , 2017
619 Townhomes; LLC, a Delaware limited liability company, .
By: Latin Quarters, LLC, a Delaware'limited liability company, Its Sole Member/Manager
By: Kadami Enterprises, LP' a California limited partnership, Its Sole Member/Manager
By: WCGM Properties, LLC, a California limited liability company, Its General
Partner
By:
Genaro Mendoza, Manager
2
EXHIBIT G
0
POC; EXHIBIT "D"
ParceS 25' 8' 0" W EASEMENT AREAS
5.00 (Tie) 5EE EXHIBIT . "D"
FOR LEGAL DESCRIPTION•
6th Street " _ - - S 59'02'35" E
t-
I 6.t 7 Stre e
Poe,-
N 64'02'00" W
PARCEL C-
v�i
4.64
N 64'02'00" -W
120.00
12.23
L4
S24'40'46"W
3.91 N
L5
S63'37'04"E
5.72 0
�I o
N14'58'00"E
9.55 N
00
N11'17'00"E
14.30 0
L8
r�26375
23.64 0,
LEGEND
2oo4
16.42
L10
N08'03'00"E
65.35 619 TOWNHOMES, LLC
POC POINT OF COMMENCEMENT
NO2'54'00"W
30.03 2013-055963
POB POINT OF BEGINNING.
N08'.57'00"E
12.00 PARCEL ONE
D DEEDS
NO2'46'00"W
15.00
DN DOCUMENT NUMBER
N12'52'00"W
7.30
(T) TOTAL
N00'58'00"W
IC
SCR SONOMA COUNTY RECORDS
N10'47'00"E
M
L 17
C/TY OF
24.39
O FOUND . 2" BRASS DISC &. PUNCH,
PETALUMA
�� y
STAMPED "LS 4419" PER 654 N
PORT/ON
18.23
MAPS 39-40, SCR o�
175 D 119
18.84
NN
782 MAPS
14-16
17.85
FOUND Y2" IRON PIPE & PLASTIC
PLUG, STAMPED "LS 6368", PER
-N07*46*42"E
13.84
782 MAPS 14-16; SCR
I i
9.76
EASEMENT AREAS A & B.
(PARCELS A & B)
® EASEMENT AREA C (PARCEL C)
8RE50AN/ TRUST
DN 2004-178338
77JFTS TRUST
DN 2006-040598
M. IN
'0
U)
0
0 Q' C17Y OF
-? PETALUMA
0o PORT/ON
° 175 D 119
782 MAPS
14-16
S11ACC/
& P17TLER
2015-111221
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CD
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70WNHOUES LLC
PARCEL 7WO
I
COURSE DATA
LINE
BEARING
LENGTH
Ll
S&V 13'47"E
16.75
a
S25'02'54"W
4.64
L3
S64 44'06"E
12.23
L4
S24'40'46"W
3.91 N
L5
S63'37'04"E
5.72 0
L5
N14'58'00"E
9.55 N
L7
N11'17'00"E
14.30 0
L8
N07'43'00"E
23.64 0,
L9
• N 18' 10'00"E
16.42
L10
N08'03'00"E
65.35 619 TOWNHOMES, LLC
L 11
NO2'54'00"W
30.03 2013-055963
L 12
N08'.57'00"E
12.00 PARCEL ONE
L 13
NO2'46'00"W
15.00
L14
N12'52'00"W
7.30
L 15
N00'58'00"W
13.00
L16.
N10'47'00"E
24.00
L 17
N25'58'00"E
24.39
L 18
N63'26'30"W
22.37
119
S14'48'00"W
18.23
L20
S63'26' 19"E
18.84
L21
N25'58'00"E
17.85
L22
-N07*46*42"E
13.84
L2.3
N18'24'40"E
9.76
L24
N25'58'00"E
22.82
1-25
N64'02'00"W
5.60
STEVEN J.
LAFRANCHI & ASSOCIATES, INC.
CIVIL ENGINEERS - LAND SURVEYORS
LAND
PLANNERS - LANDSCAPE ARCHITECTS
PETALUMA THEATER SQUARE
140 SECOND STREET, SUITE 312
PETALUMA, CALIFORNIA 94952
(707) 762-3122 FAX (707) 762-3239
8RE50AN/ TRUST
DN 2004-178338
77JFTS TRUST
DN 2006-040598
M. IN
'0
U)
0
0 Q' C17Y OF
-? PETALUMA
0o PORT/ON
° 175 D 119
782 MAPS
14-16
S11ACC/
& P17TLER
2015-111221
rn
CD
N
tai
3 v'�
o
619
70WNHOUES LLC
PARCEL 7WO
I